Blackboard, Inc.
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Copyright, Fair Use, &
Educational Multimedia FAQ
A Blackboard Tip Sheet
General Copyright Information
What is copyright?
Copyright protects certain kinds of "original works of authorship" -- whether
published or unpublished. Copyright grants the author of the work the legal right
to determine how or whether the work will be reproduced, distributed, displayed,
or performed, as well as the right to produce derivative works based on the
original.
What is covered by copyright?
According to Title 17 of the U.S. Code, copyright protects works "fixed in any
tangible medium of expression" in these categories:
• literary works
• musical works, including any accompanying words
• dramatic works, including any accompanying music
• pantomimes and choreographic works
• pictorial, graphic, and sculptural works
• motion pictures and other audiovisual works
• sound recordings
• architectural works
These categories are interpreted liberally. For example, "literary works" does not
refer literature of the Western canon, but anything written in a language.
Computer programs are protected as part of this category, as are personal
letters.
If it is not set in a tangible medium -- for example, an improvised musical
composition that is not recorded -- then it cannot be copyrighted.
What is not covered by copyright? What is the difference between
copyright, trademarks, and patents?
Copyright does not does not protect names, titles, or slogans. For example, you
may copyright a song (both the music and the lyrics), but the song's title is not
protected. If used in the course of business, then trademark law may protect
names, titles, or slogans.
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Copyright also does not protect ideas, concepts, or facts -- it only protects the
particular expression of those ideas. For example, the text of a particular book
about World War II may be copyrighted, but you can't prevent someone else from
writing about the same topic. Another example: a particular calendar -- its graphic
design, page layout, images, etc., -- is copyrightable, but that doesn't prevent
someone else from creating a different calendar for the same year. Patents may
protect certain ideas, such as inventions.
How do I obtain a copyright for a work I have created?
You automatically own the copyright to any work you create as soon as it is fixed
in a tangible medium. You are not required to take any other action to claim your
copyright. However, there are certain things you can do to communicate or help
secure your copyright. You can indicate your ownership by the phrase "copyright
by" or the symbol "©", the date, and your name. You can also register your
ownership with the U.S. Copyright office for a small fee for additional protection.
In many instances registration is a prerequisite for taking someone to court for
copyright infringement.
Is content on the Internet copyrighted?
Yes, everything on the Internet (including everything on the World Wide Web) is
copyrighted. It is a common misconception that everything on the Web is in the
public domain. While it is true that documents on the Web (and in other digital
formats) are easier to reproduce and distribute than other media, the ease of
reproduction and distribution does not change the copyright. Digital content is still
copyrighted, and copying or reproducing it without permission may be illegal.
Is linking to something on the Web a copyright violation?
When you create a hyperlink from one Web page to another, you have not made
a copy of the original work, so this is not a copyright violation. Generally, you are
also not expected to request permission to link to a Web page, though it is often
considered courteous to do so.
Copyright in Education
What is "fair use"?
Copyright law allows portions of a copyrighted work to be used without the
author's permission for specific purposes. This is referred to as "fair use."
Fair use allows for portions, or in some cases the entirety, of copyrighted works
to be used for purposes such as "criticism, comment, news reporting, teaching
(including multiple copies for classroom use), scholarship, or research."
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According to the Title 17 of the U.S. Code, whether a use is fair use is based on:
• "the purpose and character of the use, including whether such use is of a
commercial nature or is for non-profit educational purposes
• the nature of the copyrighted work
• the amount and substantiality of the portion used in relation to the
copyrighted work as a whole
• the effect of the use upon the potential market for or value of the
copyrighted work. The fact that a work is unpublished shall not itself bar a
finding of fair use if such finding is made upon consideration of all the
above factors."
What is the difference between plagiarism and copyright?
Plagiarism -- representing someone else's work as your own -- is an academic
convention, not a legal concept.
Fair Use and Online Courses
How does fair use apply to online courses?
In 1996, a Congressional subcommittee on intellectual property published a
report called the Fair Use Guidelines for Educational Multimedia. Online
teaching and learning falls under the broad category of "educational multimedia."
While these guidelines are not law, they have become commonly accepted
standards followed by educational institutions and the courts. Under these
guidelines you may make fair use of copyrighted digital media for specific
educational tasks under certain limitations. Because digital media is so much
easier to reproduce and distribute than other media, the fair use limitations on
digital media are more stringent than fair use guidelines for other media.
The Guidelines cover educational material that is created by faculty as part of
curriculum-based instruction, or by students as part of an assignment, whether
face-to-face, self-directed study, or at a distance. The Guidelines also provide
provisions for inclusion of copyrighted multimedia as part of conference
presentations or professional portfolios. Limitations are based on time, portion,
copying, and distribution.
According to the Guidelines, instructors should limit the use of the educational
multimedia projects containing copyrighted material to a period of two years after
the first instructional use. However, this may be affected by the limitations on
copying.
The Guidelines also recommend "that the technology prevents the making of
copies of copyrighted material," meaning that every effort should be made to
prevent the consumer of the content from making more copies. This is not
possible to achieve via the Web. In the absence of technology that limits copying,
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the Guidelines say that the students should be told not to make copies, and,
more importantly, that the material should only be available for 15 days. After that
15-day period, the material could be put on reserve for up to two years. After the
two-year period, permission from the copyright holder would be required.
The copying and distribution limitations are most restrictive regarding remote
instruction (distance learning). Distribution must be limited to students enrolled in
the course and there must be "technological limitations on access to the network
and educational multimedia project (such as password or PIN)."
Portion limitations address the amount of a single copyrighted work that can be
included. This varies depending upon media:
Media
Motion media (e.g., video)
Text material
Music, Lyrics, Music Video
Illustrations, Photographs
Numerical Data Sets (e.g.
databases)
Allowable Portion for Fair Use
Up to 10% or 3 minutes, whichever is
less.
Up to 10% or 1000 words, whichever is
less
Up to 10%, but no more than 30
seconds.
No more than 5 images from an
artist/photographer, or no more than
10% or 15 works from a published
collective work.
Up to 10% or 2500 fields, whichever is
less.
Fair Use and Blackboard
How do I apply the Fair Use Guidelines in Blackboard software?
To comply with the Fair Use Guidelines for Educational Multimedia when using
Blackboard software, you could:
a) Make sure the portions of copyrighted material you are using in your
course meet the standards of the Guidelines.
b) Put the copyrighted material in a section of your Blackboard course site
that is secured (using Course Options in the Control Panel). This should
meet the distribution requirement, because only students enrolled in your
course will have access to that area.
c) Since Blackboard course sites are Web-based, it is not possible for the
technology to prevent copies from being made. Therefore, copyrighted
material could be made available (using the Availability option on your
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content) for no more than a 15-day period, and your students should be
instructed to not make their own copies of the material.
In most cases, this should comply with the Congressional guidelines on fair use.
However, you should always consult with your institution's legal counsel to
make sure you are within fair use parameters and are adhering to your
institution's own intellectual property guidelines.
Other Resources
U.S. Copyright Office
http://www.loc.gov/copyright/
U.S. Code Title 17: Copyrights
http://www.loc.gov/copyright/
Fair Use Guidelines for Educational Multimedia
http://www.indiana.edu/~ccumc/mmfairuse.html
http://www.libraries.psu.edu/mtss/fairuse/
Crash Course in Copyright
http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
Copyright Bay
http://www.stfrancis.edu/cid/coprbay/coprbay.htm
Copyright FAQ
http://www.aimnet.com/~carroll/copyright/faq-home.html
For more educational materials about Blackboard products visit the
Training Center
(http://trainingcenter.blackboard.com)
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